NEW CHAPTER

Chapter 192-900 WAC

DEFINITIONS

NEW SECTION

WAC 192-900-005 Aggrieved party. An “aggrieved party” is

any interested party who receives an adverse decision from:

(1) The department for which the department has provided

notice of appeal rights;

(2) The office of administrative hearings; or

(3) The commissioner’s review office.

NEW SECTION

WAC 192-900-010 Calendar quarter. “Calendar quarter”

means the period of three consecutive calendar months ending on

March 31, June 30th, September 30th, or December 31.

NEW SECTION

WAC 192-900-015 Employer. (1) An “employer” is:

(a) Any individual or type of organization, including any

partnership, association, trust, estate, joint stock company,

insurance company, limited liability company, or corporation,

whether domestic or foreign, or the receiver, trustee in

bankruptcy, trustee, or the legal representative of a deceased

person, having any person in employment or, having become an

employer, has not ceased to be an employer as provided in this

chapter;

(b) The state, state institutions, and state agencies;

(c) Any unit of local government including, but not limited

to, a county, city, town, municipal corporation, quasi-municipal

corporation, or political subdivision; and

(d) A franchisee.

(2) “Employer” does not include the United States of

America.

(3) The term employer is used for both employer and

employer agent.

(4) This section does not apply to:

(a) Any self-employed person that has not elected coverage

under Title 50B RCW;

(b) Any federally recognized tribe; and

(c) Any person performing casual labor as defined in RCW

50A.05.010.

NEW SECTION

WAC 192-900-020 Employer agent. (1) An “employer agent”

is a designated representative that is authorized to conduct

business on behalf of the employer.

(2) In order to represent an employer before the

department, the employer or employer agent must submit a signed

power of attorney form to the department.

(3) The employer is responsible for all acts taken or

failures to act by the employer agent on the employer’s behalf.

NEW SECTION

WAC 192-900-025 Interested parties. (1) In all

determinations, cases, and appeals adjudicated under Title 50B

RCW the employment security department is an "interested party."

(2) Other interested parties in determinations, cases, and

appeals include:

(a) The employee or former employee; and

(b) An employer or former employer of that employee that is

required to provide information to the department related to the

determination or appeal in question.

(3) The department may designate an employee or employer as

an interested party in other determinations made by the

department.

NEW SECTION

WAC 192-900-030 Self-employed. (1) A "self-employed"

person is:

(a) A sole proprietor;

(b) A joint venturer or a member of a partnership that

carries on a trade or business, contributes money, property,

labor or skill and shares in the profits or losses of the

business;

(c) A member of a limited liability company;

(d) An independent contractor who works as described in RCW

50A.05.010; or

(e) Otherwise in business for oneself as indicated by the

facts and circumstances of the situation, including a part-time

business.

(2) A corporate officer is an employee and not self-

employed.

NEW SECTION

WAC 192-900-035 Terms meaning deliver. (1) Unless

otherwise specified, the terms "mail," "provide," "file,"

"submit," and "send" are interchangeable and mean to properly

transmit, deliver, or distribute:

(a) By email or other electronic services; or

(b) In another format approved by the department.

(2) This section does not apply to appeals filed under

Title 50B RCW.

NEW CHAPTER

Chapter 192-910 WAC

ASSESSING AND COLLECTING PREMIUMS

NEW SECTION

192-910-005 What wages are reportable to the department

for premium assessment purposes? (1) Examples of wages

reportable to the department for premium assessment purposes

include, but are not limited to:

(a) Salary or hourly wages;

(b) Cash value of goods or services given in the place of

money;

(c) Commissions or piecework;

(d) Bonuses;

(e) Cash value of gifts or prizes;

(f) Cash value of meals and lodging when given as

compensation;

(g) Holiday pay;

(h) Paid time off, including vacation leave and sick leave,

as well as associated cash outs, unless these wages are

considered supplemental benefit payments provided by the

employer;

(i) Separation pay including, but not limited to, severance

pay, termination pay, and wages in lieu of notice;

(j) Value of stocks at the time of transfer to the employee

if given as part of a compensation package;

(k) Compensation for use of specialty equipment,

performance of special duties, or working particular shifts; and

(l) Stipends/per diems unless provided to cover a past or

future cost incurred by the employee as a result of the

performance of the employee's expected job functions.

(2) Examples of what the department will not consider wages

include, but are not limited to:

(a) A payment from an employer benefit that is not part of

the employee's standard compensation.

Example: While on paid medical leave, an employee receives

sixty-one percent of the employee's typical weekly wage from the

state. Through an internal short-term disability benefit, the

employer pays the employee the remaining thirty-nine percent of

the employee's typical weekly wage as a supplemental benefit

payment, bringing the employee's total benefit to one hundred

percent of the employee's typical weekly wage. Since this

supplemental benefit payment is not part of the employee's

standard compensation, it is not considered a wage, and should

not be reported on the employer's quarterly report.

(b) Any payment made to an employee to cover a past or

future cost incurred by the employee related to the performance

of the employee's expected job functions. Such costs include,

but are not limited to, costs of meals and travel.

Example: An employer pays a per diem to an employee on a

business trip to cover the cost of local travel and meals. This

amount is not considered a wage, even if the per diem exceeds

the actual cost incurred.

(c) The amount of any payment made (including any amount

paid by an employer for insurance or annuities, or into a fund

to provide for any such payment) to, or on behalf of, an

individual or the individual's dependents under a plan or system

established by an employer which makes provision generally for

individuals performing service for the employer (or for such

individuals generally and their dependents) or for a class or

classes of such individuals (or for a class or classes of such

individuals and their dependents) on account of:

(i) Retirement;

(ii) Short-term or long-term disability;

(iii) Medical or hospitalization expenses in connection

with sickness or accident disability; or

(iv) Death.

NEW SECTION

WAC 192-910-010 When are employers required to submit

quarterly reports to the department? Quarterly reports must be

submitted by the last day of the month following the end of the

calendar quarter being reported. If a reporting date falls on a

Saturday, Sunday, or a legal holiday, the reports will be due on

the next business day.

NEW SECTION

WAC 192-910-015 When are employer premium payments due? (1)

Premiums must be paid quarterly. Each payment must include the

premiums owed on all wages subject to premiums during that

calendar quarter. Payments are due to the department by the last

day of the month following the end of the calendar quarter for

which premiums are being paid.

(2) Payments made by mail are considered paid on the

postmarked date. If the last day of the month falls on a

Saturday, Sunday, or a legal holiday, the premium payment must

be postmarked by the next business day.

(3) Premium payments are due within ten calendar days when

a business is dissolved or the account is closed by the

department.

NEW SECTION

192-910-020 When can an employer deduct premiums from

employees? (1) Employers must deduct premiums for each pay

period in which the employee receives wages.

(2) When an employer is found by the department to be non-

compliant with collecting premiums from an employee:

(a) Past due premiums may be deducted from the employee’s

paycheck or the employer may choose to pay the past due premiums

for the employee; and

(b) The employer must file an amended report and pay the

past due premiums.

(3) Subsection (1) of this section does not apply if an

employer was unable to deduct the premium for a pay period due

to a lack of sufficient employee wages for that pay period.

NEW SECTION

192-910-025 How are payments applied to long-term services

and supports premiums? (1) A payment received with a premium

assessment will be applied to the quarter for which the premium

assessment applies. A payment exceeding the premiums due for

that quarter will be applied to any other debt as provided in

subsection (4) of this section.

(2) If no debt exists, premium overpayments of less than

fifty dollars will be credited to future payments due.

(3) If no debt exists, premium overpayments of fifty

dollars or more may be refunded to the employer at the

employer's request. Otherwise, such overpayments will be

credited to future payments due.

(4) Payments received will be applied in the following

order of priority:

(a) Current quarter balance;

(b) Any previous quarter premium balance due starting with

the oldest quarter;

(c) Then beginning with the oldest quarter in which a

balance is owed.

NEW CHAPTER

Chapter 192-915 WAC

SELF-EMPLOYED PERSONS

NEW SECTION

192-915-005 Election of coverage for self-employed

persons. (1) Self-employed persons as defined in RCW 50B.04.090

may elect coverage under Title 50B RCW.

(2) Notice of election of coverage must be submitted to the

department online or in another format approved by the

department.

(3) Elective coverage begins on the first day of the

quarter immediately following the notice of election.

(4) The department may cancel elective coverage if the

self-employed person fails to make required payments or file

reports.

NEW SECTION

192-915-010 What are reportable wages for self-employed

persons electing coverage? Each quarter, a self-employed

individual who has elected coverage under Title 50B RCW will

report to the department wages equal to the combined total of:

(1) The self-employed individual's net income related to

their self-employment; and

(2) The gross amount of wages, if any, as defined in RCW

50B.04.010, paid to the self-employed individual from the self-

employed individual's business entity.

Example 1: A sole-proprietor selling crafts online earns

$3,000 in a quarter and incurred $2,000 in business-related

expenses. The individual would report $1,000 to the department

for that quarter.

Example 2: A member of a limited liability company pays

herself a salary in the amount of $10,000 in a quarter. She also

takes a draw from her company in the amount of $5,000. She would

report $15,000 to the department for that quarter.

NEW SECTION

192-915-015 How will the department determine the wages

earned and hours worked for self-employed persons electing

coverage? (1) The department will use the self-employed

person's wages reported in a quarter and divide it by the

state's minimum wage to presume the number of hours worked for

the quarter being reported.

(2) The self-employed person may overcome the presumption

of hours in subsection (1) of this section by providing

sufficient documentation to the department including, but not

limited to, personal logs or contracts.

Example: For this example, the state's minimum wage is

$12.00 per hour. The self-employed person electing coverage

reports $10,000 in wages in a quarter. The department will

divide $10,000 by $12.00 and presume the self-employed person

worked 833 hours in that quarter.

(3) The department may require copies of tax returns, bank

records, or any other documentation deemed necessary by the

department to verify or determine the self-employed person's

hours and wages.

NEW CHAPTER

Chapter 192-920 WAC

COLLECTIVE BARGAINING AGREEMENTS

NEW SECTION

WAC 192-920-005 Parties to collective bargaining

agreements. (1) Parties to a collective bargaining agreement in

existence on October 19, 2017, are not required to be subject to

the rights and responsibilities under Title 50B RCW and related

rules unless and until the existing agreement is reopened or

renegotiated by the parties or expires.

(2) Employers must inform the department immediately upon

the reopening, renegotiation, or expiration of a collective

bargaining agreement that was in effect prior to October 19,

2017.

(3) Employees not covered by a collective bargaining

agreement are subject to the rights and responsibilities of

Title 50B RCW and related rules. Employers are also subject to

the rights and responsibilities of Title 50B RCW and related

rules for employees not covered by a collective bargaining

agreement, regardless of whether the employer is party to a

collective bargaining agreement covering other employees.

(4) Employers party to multiple collective bargaining

agreements among different bargaining units are subject to the

rights and responsibilities of Title 50A RCW and related rules

as they pertain to the bargaining units whose collective

bargaining agreement is reopened or renegotiated by the parties

or expires, on or after October 19, 2017.

(5) Parties to a collective bargaining agreement in

existence on October 19, 2017, that has not been reopened or

renegotiated by the parties or expired may elect to be subject

to all applicable rights and responsibilities under Title 50B

RCW and related rules prior to the expiration, reopening or

renegotiation of the agreement. Parties seeking to do so must

submit to the department a memorandum of understanding, letter

of agreement, or a similar document signed by all parties.

NEW CHAPTER

Chapter 192-925 WAC

APPEALS AND PROCEDURE

NEW SECTION

WAC 192-925-005 Adoption of model rules. The model rules

of procedure contained in chapter 10-08 WAC, are, to the extent

they are not inconsistent with the rules contained in this

chapter, adopted as the rules of procedure for Title 50B RCW.

The rules contained in this will, to the extent of any conflict

with the model rules of procedure, be deemed to supersede the

conflicting provisions of the model rules of procedure.

NEW SECTION

WAC 192-925-010 Who can appeal or submit a petition for

review? (1) An aggrieved party as defined in WAC 192-900-005

may file an appeal to the department by using the department’s

online services, or in another format approved by the

department.

(2) Any aggrieved party who receives a decision from

the office of administrative hearings, other than an order

approving a withdrawal of appeal, a consent order, or an interim

order, may file a written petition for review, including filing

by using the department’s online services, or in another format

approved by the department.

NEW SECTION

WAC 192-925-015 What are the timeliness requirements for

submitting an appeal or a petition for review? (1) Under RCW

50B.04.120, determinations made by the department must align

with the appeal procedures under Title 50A RCW.

(2) An appeal or a petition for review from a

determination, redetermination, order and notice of assessment

of premiums, appeals decision, or commissioner’s decision is

deemed filed and received if the provisions within RCW

50A.50.040 are met.

(3) An appeal must be filed within thirty days of the

date the notification or mailing, whichever is earlier. The

appeal must be filed in accordance with the provisions of RCW

50A.50.010.

NEW SECTION

WAC 192-925-020 When can an appeal be withdrawn? (1) An

aggrieved party may withdraw their appeal or petition for review

upon approval by the office of administrative hearings or the

commissioner’s review office, respectively, at any time prior to

the decision. When an appeal or petition for review is

withdrawn, the determination, redetermination, order and notice

of assessment of premiums or penalties, or other decision that

was appealed, is final in accordance with the provisions of

Title 50B RCW.

(2) If an appeal is submitted and a determination or

redetermination of the decision has been made in the aggrieved

party’s favor, the appeal will be considered withdrawn unless

the aggrieved party contests the withdrawal of the appeal within

thirty days of the date of redetermination.

NEW SECTION

WAC 192-925-025 What happens after an appeal is submitted?

Upon receipt of a notice of appeal, the commissioner shall

request the assignment of an administrative law judge under

chapter 34.12 RCW to conduct a hearing in accordance with

chapter 34.05 RCW and issue an initial order.

NEW SECTION

WAC 192-925-030 Who will be notified if an appeal is filed

and what will it include? (1) All interested parties to an

appeal will be notified when an appeal has been filed.

(2) The notice will contain information related to the

determination or redetermination being appealed.

NEW SECTION

WAC 192-925-035 Who can give testimony and examine

witnesses during an appeal hearing? In an appeal hearing, any

interested party, or legally authorized representative of an

interested party, has the right to give testimony and to examine

and cross-examine any other interested party or witnesses with

respect to facts material and relevant to the issues involved.

NEW SECTION

WAC 192-925-040 Who can request a postponement of a

hearing? (1) Any party to a hearing may request a postponement

of a hearing at any time prior to the actual convening of the

hearing. The granting or denial of the request will be at the

discretion of the presiding administrative law judge.

(2) The presiding administrative law judge may in the

exercise of sound discretion grant a continuance of a hearing at

any time at the request of any interested party or on the

judge’s own motion.

NEW SECTION

WAC 192-925-045 Sections of general procedural rules for

appeal under chapter 192-800 WAC apply. The following general

procedural rules for appeal under the paid family and medical

leave program apply to the long-term services and supports trust

program:

(1)WAC 192-800-080 Will depositions and written discovery

be permitted?

(2) WAC 192-800-085 When will administrative law judges

hear consolidated cases?

(3) WAC 192-800-090 What is included in decisions issued by

the office of administrative hearings?

(4) WAC 192-800-095 Can a decision of the commissioner

incorporate a decision under review?

(5) WAC 192-800-100 What is the process for filing petition

for review and any reply to the petition for review?

(6) WAC 192-800-105 When and how can an administrative law

judge dispose of an appeal?

(7) WAC 192-800-110 What options are available for an

aggrieved party who received an order of default?

(8) WAC 192-800-115 What is the process for filing a

petition for reconsideration to the commissioner’s review

office?

(9) WAC 192-800-120 When would the commissioner not issue

declaratory orders?

(10) WAC 192-800-125 When is a petition for review

considered delivered to the department?